County Claim CP Plus/ DCB Legal

BellieBe

Thanks for all the help. Here are the last little changes-
Rewritten No 16:
The Defendant was the registered keeper of this vehicle but was not the only insured driver at that time. Compliant Notices to Keeper (‘NTK’) were not properly served in strict accordance with Schedule 4 Section 9 of the POFA. The Claimant has failed to meet the conditions of the Act and has never acquired any right to pursue the Defendant in this capacity if it cannot identify the driver. The keeper can only be held liable if the Claimant has fully complied with the strict wording requirements including as per Section 9 (2)f : The notice must warn the keeper that if, after the period of 28 days, the amount of the unpaid parking charges has not been paid in full, and the creditor does not know both the name of the driver and a current address for service for the driver, the creditor (if all applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid.

Paragraph about interest:
The interest cannot be justified. Not only has it been calculated incorrectly, it is also questionable that it has taken so long for the Claimant to bring a claim to court and is then claiming interest on alleged debt recovery and damages as well.

beamerguy

BellieBe said:

beamerguy said:

This is what I would send DCBL ..... despite the claim, you can still send this and it is a letter you can show to court.

bearmerguy I sent the letter you suggested but haven't heard back yet. Do I need to reference the letter in my defence to show it in court or can it be submitted later/ witness statement stage? Thanks!

Chances are you will not hear back ..... you are asking a question they cannot answer.  .If they do reply, and it can only be rubbish, you can show the court, if they don't reply you can advise the court they refuse to explain their legal authority to add fake amounts, you can show your letter to the judge. Either way, it makes their claim unreliable 
You show the judge on the day.  They cannot accuse you of "hijacking" because you have already sent them the letter.

BellieBe

beamerguy said:

BellieBe said:

beamerguy said:

This is what I would send DCBL ..... despite the claim, you can still send this and it is a letter you can show to court.

bearmerguy I sent the letter you suggested but haven't heard back yet. Do I need to reference the letter in my defence to show it in court or can it be submitted later/ witness statement stage? Thanks!

Chances are you will not hear back ..... you are asking a question they cannot answer.  .If they do reply, and it can only be rubbish, you can show the court, if they don't reply you can advise the court they refuse to explain their legal authority to add fake amounts, you can show your letter to the judge. Either way, it makes their claim unreliable 
You show the judge on the day.  They cannot accuse you of "hijacking" because you have already sent them the letter.

Perfect thanks.

Coupon-mad

as per Section 9 (2)f : The notice must warn the keeper that if, after the period of 28 days, the amount of the unpaid parking charges has not been paid in full, and the creditor does not know both the name of the driver and a current address for service for the driver, the creditor (if all applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid.

Still not correct.  Don't quote a law wrongly!  You only have to copy it.

BellieBe

beamerguy said:

BellieBe said:

beamerguy said:

This is what I would send DCBL ..... despite the claim, you can still send this and it is a letter you can show to court.

bearmerguy I sent the letter you suggested but haven't heard back yet. Do I need to reference the letter in my defence to show it in court or can it be submitted later/ witness statement stage? Thanks!

Chances are you will not hear back ..... you are asking a question they cannot answer.  .If they do reply, and it can only be rubbish, you can show the court, if they don't reply you can advise the court they refuse to explain their legal authority to add fake amounts, you can show your letter to the judge. Either way, it makes their claim unreliable 
You show the judge on the day.  They cannot accuse you of "hijacking" because you have already sent them the letter.

Defence has gone in but DCBL have written back and it is rubbish- copy paste response probably. Basically just saying why have you sent the defence to us... it should have gone to the court. Obviously it wasn’t a defence so they didn’t bother to even read it. Do I show the court their response? Include it in the witness statement? 

Thanks,

nosferatu1001

Huh? PLease, write more clearly as thats a jumble
Defence has gone in - to where? how? 
but DCBL have written back - email? in response to your defence?
Basically just saying why have you sent the defence to us... - well yes. The defence of course goes to the CCBC, over email, like the newbies thread instructs. 
I'm lost as to what youve done, when, and how. 
PLease be clear

beamerguy

BellieBe said:

beamerguy said:

BellieBe said:

beamerguy said:

This is what I would send DCBL ..... despite the claim, you can still send this and it is a letter you can show to court.

bearmerguy I sent the letter you suggested but haven't heard back yet. Do I need to reference the letter in my defence to show it in court or can it be submitted later/ witness statement stage? Thanks!

Chances are you will not hear back ..... you are asking a question they cannot answer.  .If they do reply, and it can only be rubbish, you can show the court, if they don't reply you can advise the court they refuse to explain their legal authority to add fake amounts, you can show your letter to the judge. Either way, it makes their claim unreliable 
You show the judge on the day.  They cannot accuse you of "hijacking" because you have already sent them the letter.

Defence has gone in but DCBL have written back and it is rubbish- copy paste response probably. Basically just saying why have you sent the defence to us... it should have gone to the court. Obviously it wasn’t a defence so they didn’t bother to even read it. Do I show the court their response? Include it in the witness statement? 

Thanks,

What did you send them ??

BellieBe

Sorry probably should have written that first sentence as two separate sentences. I sent the court the defence. 

I sent DCBL the letter beamerguy suggested querying the legal authority, fake amounts, etc. DCBL wrote back In response to that letter basically saying don’t send us your defence... send it to the court. 

beamerguy

BellieBe said:

Sorry probably should have written that first sentence as two separate sentences. I sent the court the defence. 

I sent DCBL the letter beamerguy suggested querying the legal authority, fake amounts, etc. DCBL wrote back In response to that letter basically saying don’t send us your defence... send it to the court. 

Really, could you please show us the letter.
DCBL don't seem to know at the best of times what they are doing and it demands a response, so let us see, if it's an email then copy on here

Le_Kirk

Just goes to show they don't read anything.  You didn't send them your defence, you asked them a perfectly reasonable question!  Maybe the judge will get an answer out of them!